2005•Journal of Henan Normal UniversityRequires access
On Legal Positivism
Chen Rui
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Abstract
Legal positivism is an important legal school in western history of law, which plays a great role in the development of western legal thoughts. At the same time, legal positivism receives so many criticisms that people misunderstands it. In order to understand it correctly, this article firstly compares it with other similar concepts. Then this article focuses on the key topic of legal positivism: separation thesis and social fact thesis. On the basis of them, this article defends for legal positivism. In the end,this article discusses the role of legal positivism in China and our suitable attitude to it.